The Remain in Mexico policy has been controversial since its introduction under Trump. Now, it could be coming back around.

What Is Remain in Mexico?

Remain in Mexico is a Trump-era policy that keeps asylum seekers across the southern border to wait for their hearings. There’s been a lot of debate over the legality of this policy, and now those arguments are coming back to bite the administration.

Essentially the Remain in Mexico policy is based on an older piece of legislation that prohibited certain migrants from entering the United States before receiving approval from their hearing. However, this policy was never meant to apply to asylees or refugees.

Traditionally, sending asylum seekers back to Mexico is refoulment – a violation of international law, especially in cases where sending them back would put them in danger. With thousands of asylees waiting just over the border, what does this mean for Mexico?

It’s Complicated

Sending asylum seekers back is bad enough, but what happens when they get there? In most cases, asylees are sent to wait in Mexico’s northern border towns. There’s not a designated place for them to stay or infrastructure to support them. They have to survive off of whatever the community can spare.

The Mexican government also doesn’t have money to spare when it comes to asylum seekers. Some asylees face violence and harm in Mexico and they don’t have any protections under the law. Providing food, shelter, and water for everyone and the asylees is a cost that the government simply cannot afford, especially as the number of asylum seekers increases exponentially.

What Is Biden Doing?

Biden has promised to end the Remain in Mexico policy since the beginning of his presidential campaign. Since his election, he’s made it clear that his administration will reform the immigration system. He has tried to end the program, and his efforts have (for now) relaxed restrictions.

The issue with these promises is that Biden can’t fulfill them himself. It takes a considerable amount of work, collaboration, and red tape to get something like this repealed. So far, his efforts have been blocked by the Texas legislature.

At this point, the only way things can change is through further discussion. Texas made it clear to the Administration and the Supreme Court that their ultimatum stands: Biden should either end the program or restart it.

Ending the program would put a burden on the state of Texas to accommodate thousands of migrants but restarting it would only exacerbate the economic strain in Mexico.

If you or a loved one are facing removal or are directly affected by the Remain in Mexico program, contact Lim Law, P.A. today.

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